IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.12859/2018 & 14532/2018 (GM-R/C) BETWEEN:
1. SRI. ANANTHARAJ RAO K S/O LATE SUBBARAYA RAO AGED ABOUT 73 YEARS R/AT NO.PRIYADARSHI P.O.KATEEL, MANGALORE TALUK DAKSHINA KANNADA-574 148.
2. SRI AJARU NAGARAJA RAYA S/O LATE LAKSHMINARAYANA RAO AGED ABOUT 62 YEARS R/AT AJJARU HOUSE, P.O.KATEEL MANGALORE TALUK DAKSHINA KANNADA-574 148. (By Mr. B. SHARATH KUMAR, ADV.) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO DEPARTMENT OF MUZARAI VIDHANA SOUDHA BANGALORE-560 001.
… PETITIONERS 2. COMMISSIONER FOR HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS IN KARNATAKA, TIPPU SULTAN PALACE ROAD CHAMARAJPET, BANGALORE-560 018.
3. KARNATAKA RAJYA DHARMIKA PARISHAD REPRESENTED BY MEMBER SECRETARY COMMISSIONER FOR HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS IN KARNATAKA, TIPPU SULTAN PALACE ROAD CHAMARAJPET, BANGALORE-560 018.
4. THE DEPUTY COMMISSIONER HINDU RELIGIOUS & CHARITABLE INSTITUTIONS MANGALURU, DAKSHINA KANNADA-575 001.
… RESPONDENTS (By Mr. V. SHIVAREDDY, HCGP FOR R1, R2 & R4 Smt. SADHANA DESAI, ADV., FOR R3) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT / DIRECTION AGAINST THE R-2 TO PASS ORDERS IN ACCORDANCE WITH LAW AND PASS SUITABLE ORDERS WITH REGARD TO THE HEREDITARY TRUSTEE OF THE ASRANNA'S FAMILY BASED ON THE ANNEX-A REPORT AND TILL THE PASSING OF SUCH ORDERS IN ACCORDANCE WITH LAW APPOINT AN ADMINISTRATOR TO CONDUCT THE AFFAIRS OF THE TEMPLE / R-3 & ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.B.Sharath Kumar, learned counsel for the petitioners.
Mr.V.Shivareddy, learned High Court Government Pleader for respondent.Nos. 1, 2 & 4.
Mr.Sadhana Desai, learned counsel for respondent No.3.
2. The writ petitions are admitted for hearing.
With consent of the parties, the same are heard finally.
3. In these petitions, the petitioner has prayed for the following reliefs:
i) To issue a Writ of Mandamus or any other appropriate writ/direction against the respondent no.2 to pass orders in accordance with law and pass suitable orders with regard to the Hereditary Trustee of the Asranna’s family based on the Annexure A Report and till the passing of such orders in accordance with law appoint an Administrator to conduct the affairs of the Temple/-3 respondent.
ii) Alternatively to issue a Writ in the nature of Mandamus or any other alternative writ/direction against the respondents to appoint an Executive Officer or an Administrator No.2 to conduct the affairs of the temple in accordance with law.
iii) Issue any other Writ, Order or Directions as deemed fit to grant under the facts of the case.
iv) Granting costs of this petition, in the interest of justice.
4. When the matters were taken up today, learned counsel for the petitioners submitted that the writ petitions be disposed of with a direction to respondent No.2 to decide the representation submitted by the petitioner, which is pending consideration before him in accordance with law. On the other hand, learned Government Advocate submitted that suitable action in accordance with law shall be taken.
5. In view of the submissions made and in the facts of the case, the writ petitions are disposed of with a direction to respondent No.2 to consider the representation submitted by the petitioners if not already decided by a speaking order after affording an opportunity of hearing to all the necessary parties within a period of three months from the date of receipt of the certified copy of the order passed today.
Accordingly, the petitions are disposed of.
Sd/- JUDGE SS